Understanding the Code of Good Practice on the Prevention of Violence and Harassment in the South African Workplace
Workplace harassment and violence remain issues that can negatively impact both employees and organisational culture. To address these challenges, the Code of Good Practice on the Prevention of Harassment and Violence in the Workplace provides essential guidelines for employers and employees. This code outlines strategies for preventing, identifying, and addressing various forms of harassment and violence, ensuring a safer and more respectful work environment. This article explores the key aspects of the Code and its role in fostering a healthier, more inclusive workplace culture.
What is the Code of Good Practice on the Prevention of Violence and Harassment?
The Code of Good Practice is a guideline document that offers practical advice to both employers and employees on preventing and dealing with violence and harassment in the workplace. It provides a framework to help organisations create safe work environments and develop internal policies that protect workers from violence, harassment, bullying, and other forms of inappropriate behaviour.
This Code covers a wide range of inappropriate behaviours, including:
- Physical violence (e.g., assault or fighting).
- Psychological harassment (e.g., bullying, emotional abuse).
- Sexual harassment (e.g., unwanted sexual advances, sexual exploitation).
- Verbal abuse (e.g., insults, slander).
- Discriminatory practices based on race, gender, sexual orientation, or other personal characteristics.
Legal Foundation of the Code and the Key Objectives
The Code is based on the Employment Equity Act (EEA) and the Labour Relations Act (LRA), two key pieces of South African labour legislation that address workplace fairness, equality, and safety. The Code also complies with International Labour Organization (ILO) standards, particularly Convention No. 190, which focuses on violence and harassment in the workplace.
In 2020, the Basic Conditions of Employment Act (BCEA) was amended to include provisions related to the prevention of violence and harassment in the workplace, further reinforcing the Code’s provisions and their enforceability.
The Code of Good Practice aims to:
- Prevent workplace violence and harassment from occurring in the first place.
- Promote the safety, dignity, and well-being of all workers.
- Encourage employers to adopt initiative-taking policies and create an environment of zero tolerance toward violence and harassment.
- Provide a structured approach to addressing and resolving incidents of violence and harassment.
- Ensure that employees understand their rights and responsibilities concerning workplace safety.
- Prevention Measures: Employers should establish a clear anti-harassment policy that defines violence and harassment and outlines reporting procedures. This policy must be communicated effectively to all employees through training and awareness initiatives. Regular assessments of the work environment for potential risks are essential, and workplaces should foster inclusivity, respect, and leadership that models appropriate behaviour, while enforcing a zero-tolerance stance on harassment and violence.
- Reporting and Complaints Procedure: A confidential and formal complaint process must be in place for employees to report incidents of harassment or violence. Employers should offer support services, including counselling and legal assistance, and ensure the privacy of complainants throughout the investigation.
- Investigating and Resolving Complaints: Employers must promptly investigate complaints, ensuring fairness and thoroughness in the process. Disciplinary actions, ranging from counselling to dismissal, should be taken depending on the severity of the incident. Protections must be provided to prevent retaliation or victimization of those who report misconduct.
- Responsibility of Employees: Employees are responsible for respecting others’ rights, refraining from violence or harassment, and reporting any incidents they witness or experience. They must cooperate with investigations while maintaining confidentiality.
Understanding the key differences between normal harassment and sexual harassment
Normal Harassment
Definition: This refers to any form of unwelcome behaviour that creates a hostile, intimidating, or offensive environment for an individual, but it is not specifically related to sex or sexual conduct.
Types: This can include harassment based on race, age, disability, religion, nationality, bullying, or any other form of discriminatory or disruptive behaviour.
Examples:
→ Making offensive remarks about someone’s race, age, or nationality.
→ Bullying or spreading rumours about a colleague.
→ Excluding someone from work activities based on their beliefs or identity.
Focus: The focus is on characteristics like race, ethnicity, religion, or other personal traits, rather than sexual behaviour or gender.
Sexual Harassment
Definition: A specific form of harassment that involves unwelcome sexual advances, requests for sexual favours, or any other verbal or physical conduct of a sexual nature.
Types: Includes both quid pro quo harassment (where employment benefits are tied to sexual favors) and hostile work environment harassment (where the workplace becomes intimidating or offensive due to sexual content or behaviour).
Examples:
o Making unwanted sexual comments or jokes.
o Unwelcome physical touch or advances.
o Sending explicit or suggestive emails or messages.
o Creating a sexually charged work environment.
Focus: The behaviour is explicitly sexual or gender-based and is intended to intimidate, control, or create discomfort related to sex or gender.
Enforcement of the Code
- The Department of Employment and Labour is responsible for ensuring that employers comply with the Code.
- Employees can file complaints with the Commission for Conciliation, Mediation, and Arbitration (CCMA) if their employers fail to comply with the Code, or if they believe that their rights have been violated.
- In more severe cases, the Labour Court may intervene.
Conclusion
The Code of Good Practice on the Prevention of Violence and Harassment in the Workplace is an essential framework for creating safe and respectful work environments. It not only helps employers prevent incidents of violence and harassment but also provides clear steps for addressing issues when they arise. Although we might not live in a community that is free from Violence and Harassment, we are at least going in the right direction with legislation preventing this and punishing those who break the law.
By Kayla Fourie
Junior Consultant
SA Labour Help